2016 Regular Session ENROLLED
SENATE BILL NO. 158
BY SENATOR CORTEZ
1 AN ACT
2 To amend and reenact R.S. 32:1252(27), the introductory paragraph of R.S. 32:1253(A)(1),
3 the introductory paragraph of R.S. 32:1261(A)(1)(k)(i), and R.S. 32:1270.1(1)(i)
4 relative to marine products; to provide relative to the definition of marine product;
5 to exclude certain motors; to provide relative to commission member appointments;
6 to provide relative to the sale of marine products; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:1252(27), the introductory paragraph of R.S. 32:1253(A)(1), the
9 introductory paragraph of R.S. 32:1261(A)(1)(k)(i), and R.S. 32:1270.1(1)(i) are hereby
10 amended and reenacted to read as follows:
11 §1252. Definitions
12 The following words, terms, and phrases, when used in this Chapter, shall
13 have the meanings respectively ascribed to them in this Section, except where the
14 context clearly indicates a different meaning:
15 * * *
16 (27) "Marine product" means a new or used watercraft, boat, or marine
17 motor, designed for recreational or commercial use on water and a boat or watercraft
18 trailer. The term also includes an outboard motor or a boat with an inboard/outboard
19 motor attached to it. The term shall not mean a watercraft designed for use primarily
20 for commercial purposes or new or used watercraft or boats boat adapted to be
21 powered only by the occupant's energy.
22 * * *
23 §1253. Motor Vehicle Commission; appointment and qualifications of members;
24 terms of office; organization; oath; official bond; compensation;
25 powers and duties
26 A. The Louisiana Motor Vehicle Commission is hereby created within the
27 office of the governor and shall be composed of eighteen members appointed by the
ACT No. 530
Page 1 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 158 ENROLLED
1 governor, as follows:
2 (1) A chairman of the commission shall be appointed from the state at large.
3 Fourteen members shall be appointed in such manner that at least one, but no more
4 than two, shall be from each of the commission districts as listed below:
5 * * *
6 §1261. Unauthorized acts
7 A. It shall be a violation of this Chapter:
8 (1) For a manufacturer, a distributor, a wholesaler, distributor branch, factory
9 branch, converter or officer, agent, or other representative thereof:
10 * * *
11 (k)(i) To sell or offer to sell a new or unused motor vehicle or recreational
12 product directly to a consumer except as provided in this Chapter, or to compete with
13 a licensee in the same-line makes, models, or classifications operating under an
14 agreement or franchise from the aforementioned manufacturer. A manufacturer shall
15 not, however, be deemed to be competing when any one of the following conditions
16 are met:
17 * * *
18 §1270.1. Unauthorized acts; marine products
19 It shall be a violation of this Part:
20 (1) For a manufacturer, a distributor, a wholesaler, distributor branch, or
21 factory branch of marine products or any officer, agent, or other representative
22 thereof:
23 * * *
24 (i)(i) To sell or offer to sell a new or unused marine product directly to a
25 consumer except as provided in this Chapter, or to compete with a licensee in the
26 same-line makes, models, or classifications operating under an agreement from the
27 aforementioned manufacturer. A manufacturer shall not, however, be deemed to be
28 competing when any one of the following conditions are met:
29 (aa) Operating a marine dealership temporarily for a reasonable period, not
30 to exceed two years.
Page 2 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 158 ENROLLED
1 (bb) Operating a bona fide retail marine dealership that is for sale to any
2 qualified independent person at a fair and reasonable price, not to exceed two years.
3 (cc) Operating in a bona fide relationship in which a person independent of
4 a manufacturer has made a significant investment subject to loss in the marine
5 dealership, and can reasonably expect to acquire full ownership of such dealership
6 on reasonable terms and conditions.
7 (ii) After any of the conditions have been met under Subitems (i)(aa) and (bb)
8 of this Subparagraph, the commission shall allow the manufacturer to compete with
9 licensees of the same-line makes, models, or classifications under an agreement from
10 the manufacturer for longer than two years when, in the discretion of the
11 commission, the best interest of the manufacturer, consuming public, and licensees
12 are best served.
13 * * *
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
Page 3 of 3
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.